M.M. v. Department of Developmental Services

4 N.E.3d 906, 84 Mass. App. Ct. 809, 2014 WL 563271, 2014 Mass. App. LEXIS 14
CourtMassachusetts Appeals Court
DecidedFebruary 18, 2014
DocketNo. 12-P-1592
StatusPublished
Cited by2 cases

This text of 4 N.E.3d 906 (M.M. v. Department of Developmental Services) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.M. v. Department of Developmental Services, 4 N.E.3d 906, 84 Mass. App. Ct. 809, 2014 WL 563271, 2014 Mass. App. LEXIS 14 (Mass. Ct. App. 2014).

Opinion

Katzmann, J.

Through his guardians, M.M., a profoundly intellectually disabled individual who resides at the Fernald Developmental Center (FDC), challenges a Superior Court judge’s affirmance of the decision of the Division of Administrative Law Appeals (DALA) approving his transfer to the Wrentham Developmental Center (WDC).3 See G. L. c. 123B, § 3. Our analysis here involves whether, during the DALA hearing, the Department of Developmental Services (DDS) presented the administrative magistrate with substantial evidence to support his decision that the interfacility transfer would result in improved services and quality of life for M.M. and be in M.M.’s best interest. After reviewing the administrative record and the parties’ submissions, we affirm the judgment of the Superior Court approving DALA’s decision. See G. L. c. 30A, § 14(7).

1. Background. M.M. is forty-nine years old and has resided at FDC since the age of five. He is profoundly intellectually disabled and cannot care for himself. He has nonspecified psychosis and suffers from episodes of anger and self-injurious behavior.

DDS has proposed to transfer M.M. from his residence at FDC to Heffron Hall B, apartment 3, at WDC. On June 10, 2010, DDS, as required by 115 Code Mass. Regs. § 6.63 (2009), issued a forty-five day notice and request for proposed facility transfer to M.M.’s guardians.4 The guardians objected to the transfer, and DDS then referred the case to DALA. A DALA magistrate conducted an evidentiary hearing and concluded that DDS’s proposed transfer of M.M. to WDC was in his best [811]*811interest. On July 19, 2012, a Superior Court judge affirmed the DALA magistrate’s decision. M.M., through his guardians, then filed a timely notice of appeal to this court.

2. Standard of review. This is an appeal under G. L. c. 30A, § 14. By statute, therefore, we must review the conclusion of the administrative magistrate to determine whether it is supported by “substantial evidence.” G. L. c. 30A, § 14(7)(e).5

3. Findings of fact. During the two-day administrative hearing, the magistrate heard from a number of witnesses6 and then arrived at uncontested findings of fact, which we summarize. M.M. has been diagnosed with a psychiatric disorder — psychosis, not otherwise specified — which is treated with medication. He also has a seizure disorder which is controlled well with medication; his last recorded seizure took place in 2001. M.M. communicates through a combination of vocalizations, gestures, body movements, and a limited number of manual signs. He has exhibited physical aggression and self-injurious behavior since he was a young child. His aggression is unpredictable.

M.M. currently lives on the FDC campus in cottage 12B with three other men. He has lived with two of the men for many years, and he is compatible with all three of them. Until recently, cottage 12 housed fifteen residents. M.M. shares a bedroom with one of his housemates. Most of the staff in cottage 12B have worked with M.M. for many years and know his idiosyncrasies and can anticipate most of his wants and needs. M.M. is [812]*812free to walk around his residence and workplace, but outside of these two places, he must be closely watched. He requires one-to-one coverage in the community.

M.M. attends the Woodside day program, which is a five-minute walk from cottage 12B. He works from 9:30 a.m. to 2:30 p.m. with a one-hour break for lunch back in cottage 12B. The program consists of morning coffee runs, simulated bench work activities, and paper shredding. M.M.’s primary day-today relationships at FDC are with familiar staff. Some of the familiar FDC direct-care staff have transferred to WDC.

M.M. has three objectives in his individual support plan (ISP)7 at FDC. The first is to put his clothes away after he removes them from the dryer and folds them. This objective is implemented by the direct care staff at FDC. M.M.’s second ISP objective involves identifying coins. The third ISP objective is to increase appropriate social behavior by helping M.M. remain 100 percent free of aggression for five of six months. This goal is implemented by all trained staff and is overseen by the psychology staff at FDC.

In its forty-five day notice letter to his guardians, sent on June 10, 2010, DDS provided the following justification for M.M.’s proposed move to WDC:

“Members of [M.M.j’s ISP team have selected this specific site at the Wrentham Developmental Center for [M.M.] and are confident that the staffing, services, and amenities available at Wrentham will meet all of [M.M.]’s ISP needs. Wrentham Developmental Center has a state-of-the-art acute care medical facility, workshops, a heated indoor Olympic size pool, a full size gymnasium, modem exercise equipment, and a full range of clinical services in the areas of medicine, nursing, psychology, recreation, [813]*813social services, occupational and physical therapy, communication, adult education, vocational services, orientation and mobility services, and adaptive physical education. Although the Fernald Center is closing and will no longer be available as a residential option, Wrentham Developmental Center is a Title XIX certified facility offering continuity of services and supports for [M.M.] and the proposed move to Wrentham will result in improved services, supports and quality of life for him.”

At Heffron Hall, where DDS proposes to move M.M., there are currently forty-four residents, all of whom lived at FDC until June 2010, when they began moving to WDC. In Heffron B, apartment 3, M.M. would live with familiar peers. Of the four residents currently living in the apartment, three of those men are M.M.’s former FDC housemates. There is a den in the apartment where M.M. could spend quiet time alone, or he could stay in the living room so that he could observe the other residents. There is less space for the residents in Heffron Hall than there is in cottage 12B.

Three hundred twenty-five residents now live on WDC’s 400-acre campus. There are 1,000 employees staffed at the facility; sixty-two of them transferred from FDC. The facility includes the Quinn Center, which houses workshops, a pool, a library, a gymnasium, and classrooms; and the May Center, a new medical facility, infirmary, and rehabilitation center that is staffed by four primary care doctors and four nurse practitioners. WDC has eight psychology staff members, who spend half of their time at the residences and program areas where they implement, train, and observe the implementation of the residents’ behavior plans. Finally, WDC also offers twenty-four hour nursing to the residents at Heffron Hall B.

At WDC, M.M. would participate in a day program at the Quinn Building which is similar to his day program at FDC. He would have additional vocational opportunities, if he is so inclined. On the lower level of Heffron Hall, there are washers and dryers, which M.M. could use to work on his ISP objective to do his laundry. In the evenings, M.M. would have a number of activities at WDC from which he could select, including [814]*814karaoke, socials, sing-alongs, movies, and concerts. WDC’s recreation staff organizes facility-wide activities on the weekend, in addition to the regular weekly activities. Notably, WDC employs many staff with whom M.M. was familiar at FDC.

4. Evidence supporting decision.

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Related

J.W. v. Department of Developmental Services
86 Mass. App. Ct. 374 (Massachusetts Appeals Court, 2014)
Rouleau v. Department of Developmental Services
32 Mass. L. Rptr. 344 (Massachusetts Superior Court, 2014)

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Bluebook (online)
4 N.E.3d 906, 84 Mass. App. Ct. 809, 2014 WL 563271, 2014 Mass. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mm-v-department-of-developmental-services-massappct-2014.